Thinking of buying an e-bike?

There has been much discussion in the press regarding the law in relation to e-scooters and the fact that privately owned e-scooters can only be used on private land.  

However, with the ever-increasing rise in popularity of e-bikes, there are legal issues to bear in mind if you are considering purchasing one for use on UK roads.  

The legislation concerning e-bikes is the Electrically Assisted Pedal Cycle Regulations 1983 (as amended in 2015). Unlike privately owned e-scooters, standard e-bikes can be ridden on the road in the same way as a push bike, meaning that they can be ridden in cycle lanes, there is no mandatory requirement to wear a helmet and cannot be ridden on pavements. Similarly, no road tax or insurance is required, and neither is a driving licence.

However, one must be careful when selecting an e-bike for purchase because if the motor can reach speeds in excess of 15.5 mph, or has a continuous power output exceeding 25 watts, then it would not fall within the law as being able to be ridden without a licence. Further an e-bike must have pedals that move it forward and riders must be over the age of 14. 

If you select an e-bike that does not meet the above criteria then it would be deemed a ‘motor vehicle’ for which a licence, road tax and insurance would be required. 

With the rise of accidents to both riders and pedestrians on e-bikes, it is important to ensure that your e-bike complies with the EAPC Regulations, Failure to comply could mean being charged with using a motor vehicle without insurance which can carry a penalty of a fine and driving licence penalty points. 

As to safety steps to be taken, a helmet is always recommended on an e-bike, despite not being legally required. Further, high visibility clothing is desirable and clearly displayed lights are required for cycling after dark.  

If you are injured as a result of being struck by a rider of an e-bike, we recommend that you try and take photographs of the bike and also the rider’s details, or ask a witness to do so. Many e-bikes have a plate fitted showing the e-bike details and a photograph should be taken of this too. Enquiries can then be made to seek to ascertain if the e-bike is compliant with the Regulations and, if not, whether insurance was obtained as if it were a motor vehicle. If the e-bike is compliant then it is unlikely that a claim would be successful in the absence of insurance or the rider being known to have assets. However, if the e-bike is non-compliant, with no insurance, then a claim may be possible to the Motor Insurers’ Bureau in the same way as victims can claim from the MIB when struck by uninsured car drivers. 

At Barker Son & Isherwood LLP we would be pleased to advise you on any potential personal injury claim after an e-bike accident. We are able to offer no win no fee type funding agreements and our Head of Personal Injury, Deborah Lewis, is able to offer a no-obligation initial meeting at our offices in Andover.